RULE 281-120.434 - Filing a complaint

RULE 281-120.434. Filing a complaint

(1) Complainant. An organization or individual may file a signed written complaint under the procedures described in rules 281-120.432 (34 CFR 303) and 281-120.433 (34 CFR 303).

(2) Contents of complaint. The complaint must include:

a. A statement that an agency or EIS provider has violated a requirement of Part C of the Act or of this chapter;

b. The facts on which the statement is based;

c. The signature and contact information for the complainant; and

d. If alleging violations with respect to a specific child:

(1) The name and address of the residence of the child;

(2) The name of the EIS provider serving the child;

(3) A description of the nature of the problem of the child, including facts relating to the problem; and

(4) A proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed.

(3) Time limit. The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received in accordance with rule 281-120.432 (34 CFR 303).

(4) Providing copies to parties named in the complaint. The party filing the complaint must forward a copy of the complaint to the public agency or EIS provider serving the child at the same time the party files the complaint with the department.

(5) Failure to comply with mediation agreement or due process decision. A complainant may allege a party has failed to comply with a due process hearing decision, a mediation agreement, or a resolution meeting agreement. If the complaint is substantiated, the department will grant appropriate relief.

(ARC 0100C, IAB 4/18/12, effective 5/23/12)

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